Montanez v. Cass’s Empirical Analysis
1976
Citation profile
2 federal appellate · 16 district · 12 state decisions
How this case has been cited
Cited by 32 later decisions — most recently August 2015 · most notably Saiz Ex Rel. Estate of Saiz v. Belen School District (1992), New Mexico Electric Service Co. v. Montanez (1976)
2 federal appellate · 16 district · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Johnson v. Railway Express Agency, Inc. · Van Arsdale v. Hollinger · Goodman v. Brock Ex Rel. Estate of Brock · Woolen v. Aerojet General Corporation · Hader v. Coplay Cement Mfg. Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. The principal reason for the development of the doctrine of liability of an employer of an independent contractor engaged in inherently dangerous work is to prevent the employer from escaping liability to others or shifting that liability to an independent contractor. In the case of industrial accidents, the vast majority are covered by Workmen’s Compensation laws and to that extent the employer of the independent contractor does not escape or shift liability since the employer, in effect, pays the premium for Workmen’s Compensation coverage. 2. There does not seem to be any valid reason why an employer of an independent contractor for the performance of specific work should be subjected to a greater liability than he would have if he had utilized his own employees on that particular work.”
1 later decision quote this exact passage““We conclude that § 416 explicitly states that the meaning of the words ‘to others’ includes ‘the employee of the independent contractor’. It has long been the policy of our courts to follow in the footsteps of the Restatement of Torts, 2d.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.